What are the rights of a tenant when a landlord’s property is taken?

In South Carolina, tenants’ rights when a landlord’s property is taken rely heavily on the laws of Eminent Domain. Generally, tenants are not directly impacted by the act of eminent domain, as the landlord is the one losing the property. However, certain rights are extended to tenants in order for them to avoid significant financial hardship. Tenants who are renting a property may be eligible for relocation assistance from the entity taking the property. This assistance may include providing the tenant with a stipend for moving expenses, locating a comparable rental unit in the same neighbourhood, or covering the cost to move the tenant’s possessions. It is important for tenants to note that the entity taking the property has the right to terminate the lease agreement at any time. In addition to receiving relocation assistance, tenants are also entitled to proper notification as to when the property will be taken. Finally, if the landlord is unable to provide the tenant with relocation assistance, the tenant may be entitled to terminate the lease earlier and receive refunded rent payments. It is important that tenants double-check their lease agreement to see if they are eligible for any cash compensation for the termination of the lease. Overall, it is important for tenants to understand their rights in the case of a landlord’s property being taken by the government. While the process of eminent domain can be daunting, understanding these rights can help tenants prevent significant financial hardship.

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